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Professional Liability Law
 “in effect, decide a lawsuit within a lawsuit.” Plaintiff must show that he would have been successful in his lawsuit, which sometimes is called the “Underlying Case.”1
New York’s highest court, the Court of Appeals, has held that “[where] the injury suffered is the loss of a cause of action, the measure of damages is generally the value of the claim lost.”2 However, the Plaintiff’s damages in a legal malpractice action are limited to the amount “that would have been collectable” against the Defendants in the Underlying Case. To hold otherwise would create the opportunity for a “windfall.”3
1 This description is derived from New York’s Pattern Jury Instr.—Civil 2:152.
2 Campagnola v. Mulholland, Minion & Roe, 76 N.Y.2d 38 (1990).
3 McKenna v. Forsyth & Forsyth, 280 A.D.2d 79 (4th Dep’t. 2001).

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